Maier v. State

775 So. 2d 310, 2000 Fla. App. LEXIS 1459, 2000 WL 192155
CourtDistrict Court of Appeal of Florida
DecidedFebruary 18, 2000
DocketNo. 2D98-2043
StatusPublished

This text of 775 So. 2d 310 (Maier v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maier v. State, 775 So. 2d 310, 2000 Fla. App. LEXIS 1459, 2000 WL 192155 (Fla. Ct. App. 2000).

Opinion

PER CURIAM.

Leo F. Maier contends the trial court erred when sentencing him after a violation of probation. The State concedes it was error to fail to reduce the probationary portion of the sentence by time previously served on probation, resulting in a sentence of incarceration and probation that exceeds the statutory maximum. See State v. Summers, 642 So.2d 742 (Fla.1994). We remand for the trial court to amend the sentence to reflect credit for time previously served on probation against the three years’ probation ordered in this sentence. Maier does not need to be present for correction of the sentence.

BLUE, A.C.J., and FULMER and DAVIS, JJ., Concur.

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Related

State v. Summers
642 So. 2d 742 (Supreme Court of Florida, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
775 So. 2d 310, 2000 Fla. App. LEXIS 1459, 2000 WL 192155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maier-v-state-fladistctapp-2000.